Is the Supreme Court to Be a Partisan Institution?

Now that I’ve had my bit of fun mocking Mr. Biden and his Black Woman Supreme Court Seat, I find it time to say why this action on his part is so offensive to me and quite possibly to many others. 

I have absolutely no objection to any American of any ethnicity or of either sex sitting on the Supreme (or any other) Court. Any person whose first identity is American Citizen and who understands and loves the Decalogue, the Constitution, and The Declaration of Independence (our founding documents) is qualified to sit in judgment over our legal process. As a Conservative, I would hope that any judge understands the limits of the law’s authority and doesn’t feel it within the court’s venue to keep discovering rights that are hidden from the nation at large. That’s probably too much to ask – but ask I will. 

So, no, no one should object to a black woman being appointed to serve as a Justice of The Supreme Court because of her ethnicity or gender. To do so would be racist and misogynistic. But Mr. Biden sold this seat to a powerful, racialist, political organization in order to obtain their support when he was running for President, and to this I object. 

Mr. Biden needed to win the South Carolina Democratic Primary in February 2020 to have a shot at winning the nomination of his party for the presidential election. He was just one of many Dems contending for the nomination, and in all truth, he wasn’t the best and brightest. But he is a canny politician who knows the movers and shakers of his party. The African Diaspora makes up only about 12% of the American populace, but about 60% of Democratic Party voters in South Carolina are black. The candidate who has the greatest support among that 60% of the party would win that primary election. Mr. Biden took 61% of the black Dem vote and won the South Carolina primary in a landslide. (If you’re interested in the math, there are about 3.6 million registered voters in S.C. and Mr. Biden received 260,000 votes in that primary of which about 160,000 were from black voters.) 

To win the support of Representative Jim Clyburn, THE black Democrat kingpin in South Carolina politics, Mr. Biden promised that should Mr. Clyburn throw the support of the black machine to his candidacy, he would in return nominate a Black Woman to fill the next vacancy. Et voila!  Someone has said that politics is like sausage making. If you want to enjoy the product don’t watch the process. Mr. Biden placed a Supreme Court seat on the table in order to win the Democrat nomination for the Presidency and he won his bet. 

Machine politics have always been a feature of American elections and governance. It shouldn’t be a surprise to anyone that a political machine in that tiny state of South Carolina would determine the outcome of a primary election, and that election result would feed the larger machine in its voter turnout. The Democratic Party is, I am tempted to say, the not-white party. The descendants of the European Diaspora who colonized and established this nation still overwhelmingly vote Republican. The Democrats, in order to win elections and reap the rewards of political ascendancy, are a hodge-podge of ethnic minorities in coalition against the European majority. While it is true that their leadership is largely European, those leaders come from minority European ethnic groups and have experienced less than full embrace here by those who migrated first. (Irish, Italians, Jews, etc.) 

So back to the Black Woman. If her primary identity is Black, she is not qualified to sit on the Supreme Court. If her primary identity is Woman, she is not qualified to sit on the Supreme Court. If her primary identity is Citizen of the World, she is not qualified to sit on the Supreme Court. If her primary identity is American Citizen, welcome. 

In his process of claiming the Presidency by gaining the support of Mr. Clyburn and the Black political machine in South Carolina, Mr. Biden has politicized the Supreme Court as it has not been politicized in my lifetime and poisoned the wellspring of trust that is essential to the governance of our nation. The fantasy that the Court is apolitical is an important damper on political passions in this country, and I think Mr. Biden has popped that bubble – perhaps permanently. When the people no longer believe the fantasy, the door is opened to rebellion, and I am no proponent of that. 

 

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